Jennifer Setters

Jennifer is a first generation Mexican-American and a long-time resident of Las Vegas, Nevada. She first relocated to Las Vegas in 1997 and enrolled & graduated from Rancho High School. Quickly after, Jennifer enrolled and graduated from the University of Las Vegas, Nevada with a Bachelor of Arts in Criminal Justice.

In 2010, she enrolled at the Boyd School of Law in Las Vegas, Nevada. Jennifer demonstrated an innate passion for helping others protect their legal rights. In 2011, she was recognized as Student of the Year for Boyd’s Community Service Program where she taught divorce and custody classes to underprivileged Spanish-speaking litigants.

Since graduating law school, Jennifer has represented hundreds of clients in a multitude of legal actions in various areas of law.

Before establishing Gastelum Law, Jennifer worked for highly-established firms where she was tasked with opening family law and personal injury divisions from the ground up to representing hundreds of clients both in prelitigation and litigation matters. Jennifer is not afraid to litigate in court; her philosophy is every client deserves diligent and aggressive representation. She strives to fight for every client to receive the best legal outcome.

In her free time, Jennifer enjoys spending time with her son, two daughters, and husband. She loves the outdoors, working out, and exploring new places.

Languages:

English
Spanish

Licensures:
Nevada District Courts
Arizona District Courts
United States District Court, District of Nevada

• Credit Cards Accepted
• Contingent Fees
  Checks, cash, payment options

Nevada

State Bar of Nevada

ID Number: 13126

Founder

Jennifer Gastelum Law PLLC

2018 - Current

UNLV William S. Boyd School of Law

J.D. (2013) | Law

2010 - 2013

Honors: Honors in Legal Writing

Activities: Worked at the Public Defenders office as well as Pro Bono work.

Rising Star

Super Lawyers

State Bar of Nevada  # 13126

Member

Current

Q. Legal steps for father to seek custody in Nevada before I turn 18

May 2, 2025

A: Thank you for reaching out—your situation is both serious and time-sensitive. In Nevada, a father can take legal action to seek custody even if the other parent has full legal and physical custody. Since you're 17, there is still time for your father to intervene before you turn 18, especially if you are being neglected in ways that affect your education, safety, and well-being.

✅ Legal Steps Your Father Can Take in Nevada

1. File a Motion to Modify Custody in Family Court

Your father must file a Motion to Modify Custody in the Clark County Family Court (since you live in Las Vegas). He will need to show that:

There has been a substantial change in circumstances (e.g., educational neglect, lack of life preparation, poor living conditions),

Changing custody is in your best interest (NRS 125C.0035 governs this in Nevada).

He should emphasize the neglect you’ve experienced, your wishes, and how he can meet your needs better.

2. Request an Expedited Hearing or Emergency Order

If the neglect is severe or urgent (e.g., no education, risk of homelessness, or isolation), your father can:

File a Motion for Temporary Custody or Emergency Relief,

Request a child interview or guardian ad litem to give the court insight into your experiences and wishes.

3. Include Your Voice in the Process

Nevada courts consider the child’s preference when the child is of “sufficient age and maturity,” usually around 14 or older. At 17:

You are well within the age where the court may weigh your opinion heavily.

You may be asked to speak privately with the judge or to provide a written declaration.

Your father’s attorney can request this during the custody hearing.

4. Gather and Present Supporting Evidence

To strengthen the case, your father should collect:

Any prior CPS or police reports you filed,

Records showing lack of homeschooling or education (e.g., no transcripts, failure to register with a homeschool authority),

Statements from counselors, teachers, neighbors, or family members,

A detailed parenting plan explaining how your father will meet your academic, emotional, and developmental needs.

5. Consider Appointing an Attorney for You

You may be eligible for a minor's counsel or guardian ad litem—an attorney who represents your best interest in court. The court can appoint one upon request if your father’s motion explains why your voice needs legal representation.

⚖️ Important Considerations

CPS involvement doesn’t prevent a family court from stepping in and changing custody—they are separate processes.

Custody can be modified up until you turn 18 or become legally emancipated.

Family courts generally act faster when the child is older and clearly expressing a well-reasoned preference.

⏳ Time is Limited — Act Quickly

You’re close to 18, but your father still has legal standing to act now. If the court agrees, you could be living with your father within weeks, especially if there’s urgency and proof of neglect. ... Read More

Q. Can a plaintiff file a lis pendens if judgment execution is delayed and assets are transferred?

March 13, 2025

A: A lis pendens (or "notice of pending litigation") is typically used in real estate disputes to provide public notice that a legal claim is affecting a property. In Nevada, a lis pendens is generally limited to cases involving title or interest in real property and may not apply directly to the division of financial assets or joint accounts.

However, since you are dealing with the transfer of assets post-judgment, you may have legal options to prevent further dissipation of marital property, such as:

Post-Judgment Enforcement Actions – If the court has already issued a judgment, you may need to file a motion for contempt or enforcement to compel compliance. Courts have the authority to freeze accounts or issue wage garnishments to recover improperly transferred assets.

Fraudulent Transfer Claims – If the defendant has transferred assets to avoid execution of the judgment, you may have grounds to file a fraudulent transfer action under the Uniform Fraudulent Transfer Act (UFTA). This could help you recover assets that were improperly moved.

Asset Discovery & Recovery – If you suspect hidden assets, you may request post-judgment discovery, including subpoenas, depositions, or forensic accounting, to trace and reclaim those funds.

Can You File a Lis Pendens?

A lis pendens is typically not applicable to financial accounts or personal property unless real estate is involved in the asset division. If the transferred assets include real property, a lis pendens may be appropriate to prevent further transfers while litigation is pending. However, this depends on the specifics of the case.

Since you are dealing with delayed execution and asset transfers, consulting a family law or asset recovery attorney is strongly recommended. They can assess whether a lis pendens is viable or whether alternative legal remedies, such as an injunction or fraudulent transfer action, would be more effective.

If you need immediate action, filing a motion for enforcement or contempt in family court may be the best course to compel compliance with the judgment. ... Read More

Q. How can I clear a wrongful 2013 domestic violence conviction in NV?

March 4, 2025

A: Clearing or removing a prior conviction—especially a domestic violence conviction—in Nevada generally involves a formal legal process such as expungement, record sealing, or seeking a pardon. Nevada law does allow for sealing certain criminal records after meeting specific conditions, which usually include completion of all court-ordered penalties such as fines, classes, and community service.

Given the complexity of your situation and the potential impact on your record, you should strongly consider speaking directly with a qualified criminal defense attorney in Nevada. An attorney can review the specific details of your case, explain your eligibility for sealing or expunging the conviction, and guide you through the necessary legal steps. ... Read More